Thursday, July 14, 2011

Thanks UN. Gosh!! this thread is an autopsy of current affairs in EB immigration. Very good going, with what is now a misleading title.

Do they have any filtering mechanism for lot of these fake future employer GC apps through sister/subsidiary or pay for GC companies. We have had few people come on these forums before or after approval of GC asking what happens if they never work for the sponsoring company.

I personally know someone who got a GC in 2002 without ever working(not for sponsoring employer or even for some other company) and since never worked in the field they got GC. I bet that involved a lot of faking but slipped through every test.

The number one thing USCIS does is look at how many petitions they have filed compared to number of people on payroll. If it is out of line then they start digging deeper. I have only seen them deny current persons ptition and not go after people who already have gotten greencard. Those iowa companies people have gottn greencard so we will have to wait and see what/if something will happen. I do know that uscis/ice/dol work at their own pace so there is significant time lag in their investigations.

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gc28262

09-26 09:41 AM

For me Obama and Mccain are equally good candidates. I would prefer Hillary Clinton over both of them.

McCain is a great guy, but he is with the wrong party. A party that aligns itself with anti-immigrants.

Now that we don't have much hopes for HR-5882, we should start targeting the CIR right now. Maybe we can talk to the Hispanic and other groups which will have an influence over CIR and have our provisions taken care of.

It will definitely be easier to tie-up with Hispanic caucus and other groups than anti-immigrants.

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senthil1

04-06 09:50 PM

But congress needs to find some solution for H1b mess like applying 150k H1b in one day. If no alternative solution is suggested some part/all part of this bill may be considered. US companies will not be impacted as they are not h1b dependent and they are hiring more than 50% US workers so they may not oppose that much. If Microsoft lobby for 200k H1b but still if they could not get any h1b why will they lobby it? American companies will either ask unlimited H1b or restrictions for bodyshopping so that everyone will get fair share of H1b. Lottery is shame as many deserving candidates will be rejected but many lower grade people may enter there is no merrit in selection of H1b. If IV is opposing this they need to give some solution for H1b mess. Otherwise no point. Also the bill was introduced by both Democrat and Republican. So Whether it is passed or not it is going to be considered

Anti-H1B lobby wants to make the system so difficult that it will be impossible to complete all the requirements. Their strategy is, if they cannot eliminate H-1B program, they will make in non-workable. Also, this bill was in the making for more than two years. They are timing their articles in the press with this bill because of a reason. Don't simply reject it by saying that "this is not going to pass". Taking this bill lightly will be a mistake.

Please inform your friends, colleagues and employer about this very serious problem.

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dealsnet

01-07 10:49 AM

Satan (Lucipher) is trying to take people from god. He will not repent. He is taking more followers every day. They are called children of satan. They are brain washed. Prepared for hell. He want company of more human souls. So these things will repeat all over the world. I feel sorry for you guys.

Keep barking the same thing again and again. This is not going to make even a small dent on my faith. The more you hate, the more we love our faith.

So, do you think it's a better to take a letter from the current employer stating that the position will be available at the time of GC approval, just in case?

Also if I start working on EAD before 180 days, will that cause any problems in getting I-485 approval?

Thanks again. I really appreciate your help.

Keep in mind that not many people post all of these issues. People keep these types of rfe's, denials closely guarded. When I used to have my contact info. on the boards; people would call me and discuss with me and I would remember a similar posting. The posting would have been that persons but what they posted had only 10% of the story of what it really was. Point is that people need to educate themselves on these scenarios. At the same time; uscis usually just goes and approves the case by glossing over it and missing it. However, when you get an adjudicator who wants to make a mark for him/herself they may go after these gray areas. I was pretty ignorant about it until my case went for a loop and then I got obsessed with learning these issues.

From a common sense point of view; future base employment or if you leave an employer before 485 is pending for less then 180 days and say you had intent to work with them until 485 was pending for 180 days is pretty much not genuine. However; it is in the law. If uscis sees that you were working with a company and left early and said you were going to return or had intent up until 180 days was over to join them; then they can start going after the intent issue. That is; if you went to self employed, totally different field; made substantially more money and said that you still had intent up until 180 days to join upon greencard approval; then you have to be really careful about it.

Confusion within the law is that ac21 says you can "switch" employers after 180 days. The word "switch" implies that you were in that employment for 180 days and then you changed.

However; uscis clarified in all of the memos that since greencard is future base; there is no standard to even work with the employer until greencard is approved. Since there is no standard to work with them prior to approval then a person could use ac21 to change "intention" after 180 days. However; they always talk about "intent", "bona fide", etc. These words have so much wiggle room for uscis to abuse their powers or make things difficult for you.

If you wanted to be on the safe side, just in case uscis asked then you should get an updated offer letter at the 180 day mark that the job is still open once you get the greencard approved.

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pitha

10-06 01:57 PM

Fareed Zakaria has a program called GPS on CNN. Last week he went to singapore and interviewed a security\economic analyst from india, singapore and China. The analyst said something which was 100% acurate and something very semilar to what is happenning on this forum, He said India in its heart wants Obama to win but thinking with its head (logically) they want Mccain to win. He said Obama would be a disaster to India. He went on to read a laundry list of things in which Obama would be bad for India and one of the things that he cited would be bad for India under Obama was EB immigration for Indians and Chinese. Even analysts from India, China and singapore recognize what a disaster Obama would be for Eb immigrants and we here are still hoping for a obama win. Anyway, You and I (EB imigrants) hoping will not make any difference but atleast wake up to the impending disaster in the form of Obama\Durbin and start planning for it.

I think Barrack Obama is really interested in strengthning its ties with India. I think he will definitely do something to help legal immigrants waiting in queue as one aspect of strengthning ties with India.

A young man wanted to purchase a gift for his new sweetie for Valentine's Day. As they had not been very long, it was very difficult decision. After careful consideration he decided a good gift would be a pair of gloves. Accompanied by his sister, he went to the store and bought the gloves. His sister purchased a pair of panties at the same time.

The clerk carefully wrapped both items but in the process got them mixed up. The sister was handed the gloves and the young man got the panties.

The young man mailed his Valentine's Day gift with the following note:

"This special Valentines Day gift was chosen because I noticed you are in the habit of not wearing any when we go out in the evenings.

These are a lovely shade, the lady I bought them from showed me the pair she had been wearing for the past three weeks and they were hardly soiled. I had her try yours on for me and they looked quite lovely.

I wish I was there to put them on you for the first time; no doubt, other hands will come into contact with them before I have a chance to see you again.

Just think how many times I'll be kissing them in the future. I hope you'll wear them Friday night for me.

Love, Cuddle Bear

p.s. The sales lady says the latest style is to wear them folded down with just a little fur showing."

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h1techSlave

09-26 12:03 PM

Because of unexplained reasons Indians generally support Democrats. Even though Democrats generally do not care for India or Indians.

One of my collegues once told me it is because India is a democratic country:D. I told him to support the Republicans since India is a republic.

I am a big supporter of Obama and a big fan and am eagerly looking forward to see him as our next President of United States. As a legal highly skilled immigrant what can I expect? Well, not sure if I would see myself living here anymore. I have been in the green card queue for more than 8 years now and still waiting. Will Obama's administration do anything for people like me to help reduce backlog? I doubt such a thing will ever happen. I would see myself and people like me discouraged and start packing our bags and move on with life.

Why do I feel discouraged? If anything is going to happen for the immigrant community when Sen. Obama becomes the President, it is going to be in the lines of CIR 2007. There would be provisions to make illegal immigrants as legal and remove backlogs to family based quota whereas posing harsh restrictions on H1b visas and reducing Green Card quotas and scrap AC21 portability and try to experiment with some new kind of skilled immigration system.

The above is very evident based on the fact that Senator Durbin has been very hostile to EB immigrants. It is evident that Senator Durbin will make the calls when Senator Obama becomes the president.

Please post your opinions. This is a very important discussion. It is very important that the community see what is in store for us when the new Administration takes charge.

A lot of folks in the EB community are looking forward to 2009 thinking something will definitely happen. Yes, something will definitely happen - and that may not help us

A lot of the list and questions that you are being asked is what department of labor asks when they are investigating possible h-1b violations. What they have asked you is usually in those types of investigations.

There is a lot of things going on behind the scenes that many people are not aware of or totally clueless to.

Many people are trying to make the GC easier for themselves whereas the real focus should be a defensive measure.

Right now;

VERMONT SERVICE CENTER is denying many, many h-1b's. These h-1b's are for companies who file greencards. If they are assessing that these companies do not have temporary jobs that require a degree then do you not think it is going to gravitate towards employment base greencards?

They are figuring out through requesting of payroll records, w'2's, consulate denials, etc., that many, many people never joined companies; didn't get paid, transferred to other companies shortly upon arrival.

It looks like USCIS/DOL have gone to zero tolerance and have devised ways to pierce through favorable rules protecting immigrant wannabe's.

They pierce through 245k by going through possible immigration fraud by listing employment in the g-325a when a person didn't get paid and may not have had employer/employee relationship (i have actually seen this where USCIS cited possible immigration fraud due to this issue to trump 245k).

USCIS is starting to challenge companies whether they have permanent jobs instead of temporary jobs; which looks like where this particular OP is going to go through. If they determine the job is temporary then that is going to spell doom for the EB greencard for him.

People decided they were going to poke USCIS and take complaints to senators/congressmen (whom you all think are your friends but many of you do not realize that they are not your friends) and now everyong is going to see how the system in this country works. We are currently in a new day and age with immigration. Everyone should buckle their seat belts as this is going to be a real bumpy ride.

UN - I don't think people who indulge in fraud or use wrong route, go to Senators or Congressmen - rather they want to stay unnoticed. Most people who lobby - lobby for a better system.

No one is taking on or poking at USCIS.

On another note - what is permanent job? There is absolutely no such thing called future job - ie job that will come into place after 5 or 10 years. A permanent job is a job which is permanent at the time of employment.

When we talk about good faith employment - it is the relationship that exists during the terms of employment.

While your analysis makes sense - we really never know what is happening behind the scenes.

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abracadabra102

01-02 11:39 AM

Non-state actors are mentioned a lot here. Who are these non-state actors and who is responsible for acts of these non-state actors? If a few Pakistani citizens cross over and strike Indian cities at random and disappear back into Pakistan, what are India's options? Just to pray that in some 30-50 years into future all Pakistani terrorists will somehow realize their folly and turn into saints?

We are also missing the elephant in the room. India has 150 million muslims and we have our share of Hindu fundamentalists. These Hindu fundamentalist groups have been trying for a long time to equate terrorism to Islam (targeting Indian muslims) and Indian public at large rejected this notion so far (rightly so) and that may change in future and it may not be long before a Narendra Modi becomes Prime Minister. It will be a shame if a few terrorists destroyed that very tenet of India - "Unity in Diversity".

my greencard is filed under EB3 category and it looks like a long wait. My PD is 2003 Nov and i am an indian. We've been debating whether to buy a house when 485 is pending. what is the risk involved? how many people are in a similar situation? I have twin boys and they are 3 yrs old now and it's getting increasingly difficult to keep them in an apartment. Now with housing market going down as well, we are in a tight spot and have to make a decision quickly. I would appreciate any suggestion in this regard. BTW - don't make a decision in a hurry - that would be pretty bad since it is almost irreversible for few years atleast. 4 of my friends brought a house and they are o.k. as of now except for the commute - though they admit that they are more tensed up now. one of my friend who brought a house 1 year back is cursing his decision to buy - I don't know if he is being honest or whether he chose a wrong house - these are the issues that he told me. his savings has gone down a lot as he has to pay much more for his house - atleast 3 times the rent amount (property taxes are high in his area). his commute is v.long now and he cannot come home for lunch - and because of long commute - he practically does not see his family on weekdays. his daughter has done free style painting on his walls and they had a crack on the walls (apparently he tried to reduce utility bills during extreme weather). his wife is now complaining that walking up and down the stairs is draining her strength. yardwork is literally breaking his back. his friend circle has gone down as he hardly gets time. more importantly he said his priorities were different and he wanted to make / save as much as possible etc - but buying a house has affected it. BTW he has a GC. ofcourse the above is one of the worst case. being on EAD is better than being on H1 - but still you are at the mercy of a govt agency (govt agencies are same all over the world - only here maybe they wear ties and don't watch TV at work - but then who knows :-)).

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manub

07-08 09:39 PM

Thank You for all the support. I couldn`t reply any sooner.I was busy with Open house( a whole lot of scrubbing and cleaning). I cannot post the contents of the RFE`s as most of the info is private and not appropriate for the public forum.But the info I got from the forum so far has been helpful. What we are trying to do now is to get appointments with atleast 2 other attorneys(murthy and khanna) .our current Lawyer responded to our questions on a sunday .Not many lawyers do that. and we have only 2 weeks to respond Once we get some answers we`ll go from there. Our case is very complex.I don`t want other members be discouraged by the amount of papers uscis requested.Not every one gets this unlucky.They asked for all w2`s,first and last paystubs with each employer and federal tax returns.Rule of thumb don`t discard any paper that you ever submitted to uscis and all your employment records. I will keep you posted. thank you again.

Two little boys, ages 8 and 10, are extremely mischievous. They are always getting into trouble and their parents know all about it. If any mischief occurs in their town, the two boys are probably involved.

The boys' mother heard that a preacher in town had been successful in disciplining children, so she asked if he would speak with her boys. The preacher agreed, but he asked to see them individually.

So the mother sent the 8 year old first, in the morning, with the older boy to see the preacher in the afternoon.

The preacher, a huge man with a booming voice, sat the younger boy down and asked him sternly, "Do you know where God is, son?"

The boy's mouth dropped open, but he made no response, sitting there wide-eyed with his mouth hanging open.

So the preacher repeated the question in an even sterner tone, "Where is God?!"

Again, the boy made no attempt to answer. The preacher raised his voice even more and shook his finger in the boy's face and bellowed,

"Where is God?!"

The boy screamed and bolted from the room, ran directly home and dove into his closet, slamming the door behind him.

When his older brother found him in the closet, he asked, "What happened?"

The younger brother, gasping for breath, replied, "We are in BIG trouble this time.

.........................

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mbartosik

04-09 12:39 PM

we've found that the more compelling arguments tend to be those related to US competitiveness. If I was to use the housing argument in a meeting, I would use it in a light hearted way while making a serious point. But it would certainly not be an issue that would be worth focusing on.

You said it in post above -- e.g. competitive with European blue card. (The Blue Card is not like GC, however, comparing with UK and right to remain after a fixed 5 year period would be an argument more compelling than housing)

Which are the most compelling arguments will also depend on the law maker's background. For some family issues are a factor, then housing can be brought into the mix with other issues like age out. However, law makers with which the family issues hold greater sway also are more likely to hold us hostage for CIR and relief for the undocumented.

For most, common sense of justice is an issue, in which case housing can be brought up, but again, not an issue to focus on too much, more in the context of 'it is ironic that many of us want to buy houses but GC wait is what prohibits that, not the credit crunch'. Can be mentioned in passing, but not worth focusing on.

Its a known tendency of hindu groups of radicalizing muslims, so much so that Jinnah took into consideration and formed pakistan.

Still the hindus will target an abominal act of 11 people and make a community of muslims, a country victim of their acts.

Yet, even if a hindu preaches infanticide of girls, he is not terrorist, a hindu scripture preaching burning alive of widows is not terrorist doctrine, a mythical god preaching murder of low caste for chanting holy rhymes is not a terrorist! Hail Ram!

India could fight british militantly under Subhash Chandra, and under Gandhi, and that is fight for freedom, yet Palestinians fighting for free country is terrorism! Will the Aryans return the land to Dravidians now?

Pakistan attacking India, by sending in infiltrators is terrorism. Its not freedom fighting because they already obtained their freedom, without even fighting for it.

If there are border disputes, let uniformed soldiers fight wars accordingly to the rules of war. Terrorism is cowardly and despicable because it targets innocent people from another country. War is between armed forces. Targeting innocent people is terrorism.

Burning widows alive is a practice which Hindus themselves worked hard to put an end to. Infanticide happens among muslims too, look at the way they treat their own women and produce dozens of children. The islamic laws make women virtual slaves of men. We should work for putting an end to this. These are bad practices carried out in the name of religion against members of the same religion. It is not cross-border terrorism.

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calboy78

08-06 12:18 AM

Before I start - I must say that I am EB2 - and I still don't agree with the idea. Before joining the job, most newbies don't understand that if job requirement is B.S. and they will be shoved to EB3 . It wasn't their fault. I think they deserve a second chance. I think EB3 people should automatically be upgraded to EB2 if : they already had a masters; or if they received a masters during the process; or if they completed 5yrs of experience.

Let's not be selfish. Instead try to come up with ideas which is good for all legal immigrants !!!

This is an interesting bill and I feel it'll pass. There are lot of gotcha's but there are some good things. I'm glad to see H1-B rights and whistleblower sections. This was way past due. Really, this is more of a culmination of those few employers who have tried to exploit the system / employees.

key points to ponder:

- Finally IRS and USICS have come together. !! .. thats a big blow to the body shoppers ( may be a good thing)

-> 50 employees cant have more than 50% H1B's. I think this will basicaly create many smaller consulting companies nothing else. This I don't like .. could be bad for genuine businesses.

I hope it doesnt, without any amendments. Maybe a friendlier bill with strict H1-B rights would be nice.

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indio0617

09-26 11:17 AM

though its very tempting to support obama with all his elequent talk, I think action speaks louder than words. he has absolutely no history of doing anything in the senate, and has not worked in a bi-partisan way with the republicans to pass any thing. do you think all of a sudden as prez he's going to get things done. further his stance on matters changes as the wind blows. meanwhile mccain has a history of making things happen, even sometimes going against his party. Dem will be more interested in helping the illegals become permanent, and not the legals 'coz their sights are on the vote banks. reps in general are more pro-business, and will favor the legal as opposed to illegals. of course there are some who are against. someone pointed out the days were better in the 90's...i do agree that was a period of boom in the us economy with the rise of the dot com companies. but towards the end of the 90's, the dot com going bust, the us economy was heading in recession. and adding to that the rise of other economic powers like china, india, russia, the competition grew intense, and started to hurt the US economy much. However to the credit of the repub prez the SU economy came out from the inital recession, and the overall unemployment % was only ~5.4%, the lower in several decades incl the 90's. I think it was only through the right economic and pro-business policies of this admin that helped in this. of course the wars and the housing bubble has brought us to this new economic situations. It would require the next admin to frame policies that would keep US out of next recession. but with dems policies of higher taxes on business (of course higher taxes on you and me), and more govt spending using mine and your tax dollars (of course our ss which we might never see) to hand it out to the lazy, and good for nothing people, you'll def see the US economy going into deeper recession. on top of that the universal health care would see us going the way of CA and europe with health care rationing, and long lines. I could go on adding the benefits e.g. favorable deals with india the repubs would bring, but I thinks this is good for now. so I would suggest stop going with the age old mentality and blindly believing that the dems are best. Start to think rationally.

You hit it right on the nail ! Very precisely put. Read between the lines and do not get carried away by 'eloquent' speeches. Deeds are stronger than words. Look at how the democratic agenda is framed. It has never been in favor of business, enterprise or innovation. Putting things into respective Obama & co will suffocate us with all the socialist agenda and stagnating policies.

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go2roomshare

04-07 07:04 PM

I am not sure why we are worrying about this bill. This makes restrictions on Consulting companies, so what Clients won't be able to find people, so they do hire people as full time instead of temporary consulting position. That is good for us we can find more full time positions from client it self. I even heard that this bill makes sure H1B are paid by market rates instead of DOL wages which are often very less than market value. Good thing for us the staring salaries would be at higher rate than present rates. This bill is bad for consulting companies but good for us. Am i missing any thing here??

Are we a democracy in name only? Is the Indian electorate apathetic? Why aren�t people marching in the streets protesting the recent spate of corruption scams?

Well, OK, some marched last Wednesday as the BJP sponsored demonstrations against corruption in the major metros. But it was hardly a spontaneous and large-scale outpouring of popular disaffection. And it was rather late at that.

While India�s political classes and the English speaking elite are working themselves into a rhetorical frenzy over the succession of scandals that have beset the United Progressive Alliance government, contrast this to the apparent complete lack of engagement by the common man. While most Indian commentary has focused on the political intrigue within Delhi, Paul Beckett in the WSJ remarked on the fact that �this is the sort of event that in a less apathetic democracy would lead to genuinely convulsive outrage.�

At least every five years, India is a vibrant democracy, with a high participation rate and a robust tendency to punish incumbents who perform poorly, even more so than in most Western democracies. But why do we become so lethargic in between? Where are the convulsions that we surely should be seeing?

Recently, I�ve been posing this question to just about everyone I meet from Mumbai taxi drivers, construction crew in the neighboring apartment, Twitter followers, and whomever else I can buttonhole. Some professed no interest, saying that all of their energy and time are occupied by putting food on the table. Others expressed a sense of helplessness: �I�m a day laborer barely making ends meet; how can I influence what these big politicians do? Who will listen to me?�

This sense of resignation needs to be questioned. If common folk felt that helpless, why would they bother to vote in such large numbers and turf out politicians they don�t like every time an election comes around? As the recent state election in Bihar demonstrates, voters are quite prepared to reward good governance and punish grandstanding populism. Clearly, as an electorate, we�re responsive and agile when we want to be.

So what�s going on?

One hypothesis is that people largely see this as political theater. So long as the economy is booming and there�s no direct impact on their pocketbook, it�s business as usual. Let�s not forget when existential questions such as land acquisition or the price of staples are at issue, we do see the common man coming out on the streets and expressing his displeasure, forcing governments to react. Witness the recent uproar over the price of onions.

The estimated $40 billion loss to the exchequer from selling the 2G spectrum below its value is money not spent on electrifying Indian towns and villages, building schools and hospitals, etc. Why don�t people see it this way? It is not merely a �presumptive� loss as Kapil Sabil contended to Barkha Dutt on NDTV recently but a real economic loss. After all, a rupee not earned is a rupee wasted.

Another reason could be that two-thirds of the people are poor and don�t pay much in the way of income taxes. Perhaps they don�t see the recent scams as costing them. Contrast this to the West where every allegation of government money misused is widely portrayed as a waste of taxpayers� money and galvanizes opposition. In India, the bulk of the tax base is rich individuals and corporations who, as we should expect, are the ones who�ve been screaming loudest about the recent scandals.

A related explanation may be that there�s been a failure by the opposition parties in articulating the cost to the common man of these various scams. Broad and sweeping condemnations of corruption don�t speak directly to the fact that the money lost could have been used for productive social ends. The talking heads on cable news channels and the pundits in print seem so caught up in the minute details of parliamentary and judicial procedures that they miss the forest for the trees.

The crux of the matter is this: government strategists have presumably deduced that none of these recent scams will be consequential at the polls. What animates the common man is not television debates between Anglicized lawyers who use fancy words but fundamental issues such as food, water and land. Despite all of our economic progress, there remains a fundamental divide between the interests of the urban middle and upper classes and of the poor, whether urban or rural.

Until that changes, the price of onions will always be politically more salient than whatever corruption scandal is making headlines, and will dictate electoral fortunes.

Do you agree? Share your thoughts in the Comments section.

eb2_mumbai

07-14 11:22 AM

If that letter is modifed to present Eb3 case in factually correct way I am sure every one will support it. In its original form it is misleading. Comparing to Eb2 is an unacceptable way ( to justify Eb3). This is causing this carnage on the forum. I will request you to post your template.

I did not mention anything like that. Just a request to allocate some Visa Numbers to EB-3 (India), which is retrogressed in 2001 since many years. I modified that format letter.